Motorists Forced To Let Officers Draw Blood Samples At DUI Stops

October 16th, 2007 Posted in DUI/DWI There have been an increasing number of police departments allowing their officers to draw blood samples from motorists under suspicion of a DUI/DWI. This takes place on the roadside as opposed to a hospital where there are trained medical professionals. It seems like a recipe for disaster to allow officers to do blood draws when they do not have adequate medical training. This has proven true in Arizona recently where a lawsuit has been filed to stop this practice. According to Scripps News, a man developed a persistent infection at the site of a blood draw administered by a Pima County sheriff's deputy. He has filed what is believed to be the first claim in Arizona against the practice, which could put local taxpayers on the hook for any damages. Arizona law requires that drunken driving suspects submit to a test or lose their license for a year and it's the officer's choice, not the driver's, whether to use a breath or a blood test. Having officers draw blood has become more common recently because it makes it more difficult for people to defend themselves against DUI/DWI charges. Breathalyzers have proven to be wildly inaccurate and don't hold up well in court so blood tests have become a more appealing option legally. But when dealing with a medical procedure like a blood draw, the focus should be on the well-being of the individual and not making sure the District Attorney can get a conviction. Officers without adequate medical training should not be playing around with people's health, no matter the legal ramifications. News Source Email this • Submit to Reddit • Digg This! (4 Diggs, 1 comment) • 4 comments on this item

1. 11 Responses to "Motorists Forced To Let Officers Draw Blood Samples At DUI Stops"

2. By Douglas on Oct 16, 2007 I am not a certified medical professional, but I have had some interaction with the field. I for one, am deeply concerned over this practice. True, you can do a blood draw in not quite sterile conditions, but it is a very risky situation no matter how you look at it. There is also the other concern of making a good draw. I am a rather large individual, and I can tell you that to get an promising draw, you have to utilize a rather fine needle, because my veins are extremely had to hit. I have been disallowed to donate blood due to my veins. The thought that an untrained individual could take a large gauge needle to my arm scares me. The chance for infection is high, but also there is the chance for damage due to the needle.
3. By Evan on Oct 16, 2007 What happens when an individual, even a sober one, has a fear of needles? Many people have a paralyzing fear of needles and, despite being perfectly sober, would refuse a blood draw out of pure panic, regardless of the potential consequences. Presumably, the officer could demand a blood draw instead of the breathalyser, an innocent suspect could refuse and lose his or her license automatically simply for refusing under duress. Of course, the suspect could tell the story to the judge, who may or may not believe it. If the officer gives in and allows the breathalyser instead of the blood draw, then smart suspects will claim a fear of needles to gain the advantage of a breathalyser test that is vulnerable in court. If the judge allows the license suspension to stand, then the citizens are compelled to submit to a risky and invasive medical procedure performed by inadequately trained law enforcement or else lose a freedom that has become essential in the modern world. It is an impossible situation but we live in a country where the presumption must be in favor of individual freedoms and there is no freedom more important than the freedom to be free from intrusions upon our person without due process. These blood draws are grossly inappropriate.
4. By William Bennet on Oct 16, 2007 Amazing. This is clearly medical malpractice. If I started drawing blood in this manner, even with good intentions, I would be arrested. How do they handle the large number of people who have religious objections to the vampiric drawing of their blood for non-medical purposes? Are they simply not allowed to drive because of their religious beliefs in Arizona?
5. By Lone Individual on Oct 16, 2007 This is insane. I thought it was satire when I clicked the link. How is this possible?
6. By Alex on Oct 17, 2007 Insane. When do the feds come to my house to install cameras and bugs so they can watch and listen?
7. By Me on Oct 17, 2007 Holy fucking Christ almighty… this hasn't made national news yet? I hope the person who is suing wins in the multiples of millions for medical malpractice since LEO are NOT trained medical practitioners and should not be drawing blood. Moreso is the absolute gross violation of civil rights. What sort of fascist country have we become? Jesus H. Fucking Christ
8. By Edward McCain on Oct 17, 2007 Refuse the needle, and if they stick you anyway, charge the officer with assult.
   And by the way, since when can't cops be tried in civil court? If people pressed suit against bad cops, or even good cops following bad orders, I'd wager that law enforcement would become a lot more polite.
9. By elissaF on Oct 17, 2007 I'm more concerned about the safety of the community than of any one member of the community. To this end, police should be well-trained in using the needles, however, the goal is to get unsafe drivers off the roads.
10. By JD on Oct 17, 2007 Welcome to the soon to be facist America…

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2. Oct 17, 2007: Alienminds » I guess I'd lose my license, then
3. Oct 17, 2007: Speckz.com » Motorists Forced To Let Officers Draw Blood Samples At DUI Stops

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